In 1814, Samuel Moseley filed three lawsuits against Benjamin Murphy in debt. Documents from all three suits are in this collection, although some are missing. This abstract discusses all three cases.

On July 22, 1814, Samuel Moseley (represented by Anthony Haden) filed three declarations, entered as numbers 8, 9 and 10 in the record book of the General Court. He alleged that he had accepted three promissory notes from Benjamin Murphy: one on May 3, 1812, for $144.87 1/2 (case number 10); a second on August 19, 1812, for $216.28 3/4 (case number 9); and a third on February 10, 1813, for $652.82 1/2 (case number 8). Murphy had promised to pay in beaver, bear, deer and raccoon skins, and in tallow. A copy of the first note has survived and is in this case file. According to Moseley, Murphy did not pay any of the notes. Also in this case file is a letter, written on June 16, 1814, by Moseley, in Dardanelle, to Murphy at Cadron. Moseley informed Murphy that he was crediting Murphy's account for some powder, salt and iron which Murphy had sent him. Moseley requested Murphy to raise Moseley's boat as soon as possible.

After the declarations were filed, at the order of Judge George Bullitt, the clerk, John Dodge, issued a capias writ, commanding Sheriff Daniel Mooney to seize Murphy so that he could appear at trial in September. Mooney executed the writ on July 30. On Sept. 3, Murphy posted bond for $200.87 1/2. (More may have been posted because of the large amount of money in question, and because of the three lawsuits, but only one bond has survived.) John McElmurry was his surety, and Alexander S. Walker witnessed the proceeding. On Sept. 7 Perly Wallis, Murphy's attorney, filed pleas in abatement for all three suits (Record Book, p. 153). All three suits were continued over till the next term, the following April.

The following March, subpoenas were issued to summon John Levergne, John Hendrez, James Henry, John Dean, John McCartney and William Barnet. Sheriff Mooney served Levergne, McCartney and Dean but was unable to find the other three men. During the April term of court, case no. 9 was tried before a jury. Defendant Murphy presented such a strong case that the jury awarded him $688.09, far more than the plaintiff had sued for. The jury was composed of Benjamin Ross, James Young, William Mabbit, John Madox, Edmund Hogan, William Gray, John McElmurry, Bartley Harrington, John Dudley, William Tindle, Joseph Kuykendale, and George Cook. (Record Book pp. 184-85.)

The following day, case no.10 was tried before a jury composed of Sylvanus Phillips, Edmund Grady, James Currin, Benjamin Kuydendale, Joseph Dardannes, Charles Robier, Frederick Notrebe, George Cook, James Hanks, Edmund Davis, John McClain, and Lemuel Currin. This time the jury found for the plaintiff, awarding $144.87 and damages and costs. (Record Book p. 186.) Meanwhile, the plaintiff also moved for a new trial of case number 9, which the court overruled. Thus by the end of the April term, the net result was that Moseley owed several hundred dollars to Murphy. However, case no. 8 had not yet been tried, because of material witnesses who were not available.

During the October 1815 term, case no. 8 was called for trial. The jury was composed of Joseph Kuykendale, (also on the first jury), James Currin (also on the second jury), Edmund Grady (also on the second jury), James Craft, William Morrison, William Smith, John Hutsell, Johnson Lawn, John Billingsley, Robert Hughes, John Hadley and Bartley Harrington (also on the first jury). This jury found for the plaintiff also, awarding Moseley $530.82 plus costs. (Record Book p. 229.) This award had the effect of basically leaving Moseley and Murphy even, except for court costs. The same day of the verdict, a subpoena was issued for Samuel Lemmons, James Henry and John McElmurry to appear in court to testify in regard to a scire facias--a writ to renew a judgment (if a judgment is not executed by the sheriff within a certain amount of time, it expires). On October 11, Judge Bullitt enjoined the original judgment against Moseley.

At the May 1816 term, a fourth trial was held. In this trial Moseley, the plaintiff, was represented by Alexander S. Walker. The jury, comprised of Bartley Harrington, John Hudsell, George Rankin, Seth Derickson, Amos Kuykendall, William Crandell, John McElmurry, James Scull, Frederick Notrebe, Peter Lefevre, Robert Aljou and John Dudley, found for Moseley, awarding him $100. (Record Book, pp. 310-311.) No documents from this trial are in the case file, and it is impossible to tell whether this was a retrial of one of the three previous or a new trial based on a new declaration. The same day of this trial, Murphy was the defendant in a suit brought by the merchant Eli Lewis. Reuben Blount was a juror in this trial. He swore an affidavit to the court for his reimbursement, stating that he had traveled 100 miles to the courthouse from his home. The affidavit was part of this case file, even though it is from a lawsuit between different parties.

Apparently the clerk erred and issued two executions against Murphy for the $530 judgment and the $100 judgment. Murphy had to ask the court to quash them, which it did. Apparently these proceedings also involved a hearing or trial before justice of the peace John Billingsley, because the records from his court were at issue. Billingsley was apparently unable to produce them. (Record Book for May 1817, p. 26.)

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